Murdoch College Enterprise Agreement 2012

Murdoch College Enterprise Agreement 2012

Agreement No. AG 50 of 2012

SCHEDULE

1. - TITLE

This agreement shall be known as the Murdoch College Enterprise Agreement 2012 and shall replace the Murdoch College Enterprise Agreement 2011.

2. - ARRANGEMENT

Title
Arrangement
Parties to the Agreement
Definitions
Scope of Agreement
Relationship to Parent Award
No Reduction
Term of Agreement
Expiration of Agreement
Objectives of the Agreement
Contract of Service
Workload
Salary Rates
Salary Packaging
Professional Responsibilities
Performance Management
Sick Leave
Carer’s Leave
Bereavement Leave
Special Leave
Leave Without Pay
Holiday and Vacation Leave
Jury and Witness Duty
Professional Development and Training
Long Service Leave
Parental Leave
Right of Entry
Protective Clothing
Additional Conditions of Employment
Travelling Allowance
Salary Records
Inspection of Records
Superannuation
Consultation
Dispute Resolution Procedure
Redundancy Provisions
No Further Claims
No Precedent
Signatories

3. - PARTIES TO THE AGREEMENT

This agreement is made between MurdochCollege (the College) and The Independent Education Union of Western Australia, Union of Employees (the IEUwa).

4. - DEFINITIONS

(1)‘Teacher’ shall mean any person employed on the teaching staff of MurdochCollege but does not include the Principal or the Director.

(2)‘Part-time teacher’ shall mean a teacher employed regularly on the staff of MurdochCollege and who works less than the normal hours, which a full time teacher is required to work.

(3)‘Temporary Teacher’ shall mean a teacher engaged as full time or part time as a replacement teacher or such other purpose as may be required to fulfill the teaching obligations of the College, provided that the period of engagement of a temporary teacher shall be not less than twenty consecutive working days and not more than a period of twelve months.

(4)‘Position of Special Responsibility’ shall mean a promotional position, which involves:

(a)A teacher appointed to a promotional position at MurdochCollege shall be placed within one of the following promotional levels in accordance with the duties subscribed:

Promotional level 1

The management and leadership of a team, for example, Pastoral Care or Teaching and Learning.

Promotional Level 2

The management and leadership of a Learning Area.

Promotional Level 3

The management of a subject Area with supervision of at least 2 teaching staff members.

Promotional Level 4

The management of a Subject Area with supervision of less than 2 teaching staff members.

(b)All allowances relating to promotional positions will be effective 1st January, each year, and are limited to only one POSR being paid to appointed staff.

(c)Appointments to POSR is made for one year only and reviewed during Term 3 of each year.

(5)A “Learning Area” shall have the same meaning as defined by the Curriculum Council,i.e.: The Arts, English, etc.

(6)A “Team Leader” as described in Promotional Level 1 shall be a teacher with responsibilities for an identified team as determined by theExecutive Management of Murdoch College.

(7)The Allowance payable to a promotional position shall be defined in Clause 13 of this Agreement.

(8)The administration time allowed for Promotional Position 1 is 0.6 FTE.

(9)The administration time allowed for Promotional Position 2 is 0.2 FTE or greater to be determined by administration.

(10)All other administration time shall be determined by the Executive Management of Murdoch College.

5. - SCOPE OF AGREEMENT

(1)This agreement shall apply to teachers who are employed within the scope of the Independent Schools’ Teachers’ Award 1976 (the Award) by MurdochCollege in Western Australia and who are members or are eligible to be members of the IEUwa.

(2)The number of staff covered by this Agreementat the date of signing is 35.

6. - RELATIONSHIP TO PARENT AWARD

(1)This agreement is to be read and interpreted in conjunction with the Independent Schools’ Teachers’ Award 1976 (the award).

Where there is any inconsistency between this agreement and the Award, this agreement will prevail to the extent of the inconsistency.

7. - NO REDUCTION

Nothing contained herein shall entitle the College to reduce the salary or conditions of an employee which prevailed prior to entering into this Agreement, except where provided by this Agreement.

8. - TERM OF AGREEMENT

(1)This agreement shall come into effect on the date on which it is registered in the Western Australian Industrial Relations Commission and shall expire on 31st December2013.

(2)The parties agree to meet no later July 2013 to commence negotiations for a new agreement.

9. - EXPIRATION OF AGREEMENT

On expiration of this agreement and in the absence of the registration of a subsequent enterprise agreement, the provisions of this agreement shall apply until such time as a new agreement is registered and takes effect.

10. - OBJECTIVES OF THE AGREEMENT

(1)In reaching this agreement the parties have recognised the need to:

(a)Consolidate and develop further, initiatives arising out of the award restructuring process;

(b)Accept a mutual responsibility to maintain a working environment, which will ensure that the College and its teachers become genuine participants and contributors to the College’s aims, objectives and philosophy;

(c)Recognise the professional and personal qualities of teachers, which enable them to create conditions which are conducive to learning and which foster the development of the individual student;

(d)Safeguard and improve the quality of teaching and learning by emphasizing the upgrading of professional skills and knowledge. The College and the teaching staff acknowledge that this upgrading of skills and experience can best occur when both the College and teaching staff share responsibility for professional development by undertaking both in-service and external courses and training partly during school time and partly during the teachers time, and

(e)Develop and maintain a culture and working environment, which values teachers as professionals and ensures that the College is well positioned to attract and retain the highest quality teachers.

11. - CONTRACT OF SERVICE

(1)The first two school terms of the employee’s appointment as a teacher at MurdochCollege shall be regarded as being a probationary period.

(2)Two weeks prior to the expiration of the period of probation, the employer shall notify the employee in writing on whether it is intended to:

(a)confirm the appointment; or

(b)extend the period of probation for up to six (6) months; or

(c)terminate the employment, effective at the end of the probationary period.

(3)Confirmation of appointment will be contingent upon satisfactory performance appraisal which encompasses all aspects of the employee’s role at MurdochCollege.

(4)Where it has been decided to extend the probationary period, the employer shall notify the employee in writing as to the reasons for extending the probationary period. Notwithstanding the above position, the employer may still terminate the contract of employment as set out in sub-clause (6) below.

(5)Following the satisfactory completion of the probationary period, a contractual letter of appointment will be issued.

(6)Except in the case of a relief or temporary teacher, the termination of the service of a teacher shall require a minimum of six (6) weeks’ notice by either party to take effect from the close of business at the end of the school term.

(7)The employee covered by this Agreement may expect to continue in employment with the group subject to the continued requirement for the position occupied by him/her based on enrolment numbers and patterns.

(8)Nothing within this clause detracts from the employer's right to dismiss summarily any teacher for serious misconduct in which case salary shall be paid up to the time of dismissal only.

12. - WORKLOAD

(1)In addition to the four terms that normally define the academic year, teaching staff are expected to participate in an additional total of six (6) days per year of non-teaching professional duties and/or activities.

(2)During non-teaching period referred to in clause 12 (1), the employee may be required to:

(a)Undertake professional development or training;

(b)Develop, or review, curriculum, teaching materials and aids;

(c)Undertake other Duties Other Than Teaching (DOTT) duties as required or requested.

(3)At the discretion of the employer, some duties assigned under subclause 2 (c) of this clause may be completed off the premises.

(4)Normally, a full-time teaching position at MurdochCollege is configured proportionally in accordance with the following guidelines:

(a)Maximum weekly teaching periods, with each period being

equal to one hour available on timetable.30

(b)Maximum weekly teaching periods assigned (not including daily

TAG sessions).20

(c)Periods allocated weekly to (DOTT).5

(d)Periods allocated weekly to Curriculum Meetings, Staff Meetings,

Team Meetings, Assemblies or other as determined by the College.3

(e)Allocated daily time assigned to Teacher Advisor Group Meetings,

including Extended Student Advisory Meetings, spread across five (5) days.2

Subclause (4) (e) of this clause should be read in conjunction with the Teacher Advisor Handbook as published by Murdoch College.

(5)Members of MurdochCollege teaching staff are expected to make a contribution to the co- curricular and extra-curricular program of the college outside of the regular school time. A full-time member of staff is expected to contribute two (2) hours per week to the extra-curricular program over the school year. Part-time members of staff are expected to contribute on a pro rata basis.

(6)Members of staff are required to attend scheduled staff meetings. The employer will endeavour to ensure that such meetings are organised with minimum inconvenience to both students and staff.

(7)Occasionally teachers will be called on to take relief lessons. In the event where the College cannot engage a relief teacher and the absence of the classroom teacher was unplanned,full-time teaching staff may be asked to cover a class during their DOTT time. Full-time teachers will not be asked to take more than ten (10) lessons relief during one school Term.

(8)A part-time member of staff works a proportional load as specified in the letter of appointment.

13. - SALARY RATES

(1)Teachers will receive salary increases during the life of this Agreement in accordance with the rates as per subclause (3) of this clause.

(2)Salary increases shall be effective from the first pay period commencing on or after the 1st date of the month; i.e.: on or after 1 January 2011.

(3)Salaries shall be paid in accordance with the following table:

Step / January 2011 / January 2012 / January 2013
5.5% / 6.0%
5 / $55,380 / $58,426 / $61,932
6 / $60,372 / $63,692 / $67,514
7 / $65,988 / $69,617 / $73,794
8 / $69,012 / $72,808 / $77,176
9 / $71,666 / $75,608 / $80,144
10 / $74,612 / $78,716 / $83,439
11 / $79,634 / $84,014 / $89,055
12 / $82,119 / $86,636 / $91,834
13 / $84,182 / $88,812 / $94,141
ST1 / N/A / N/A / N/A
Exemplary / $86,286 / $91,032 / $96,494
POSR / January 2011 / January 2012 / January 2013
Level 1 / $10,000 / $10,550 / $11,183
Level 2 / $7,500 / $7,913 / $8,388
Level 3 / $5,000 / $5,275 / $5,592
Level 4 / $2,500 / $2,638 / $2,796

(4)A leave-loading equivalent to17.5% of four (4) weeks salary has already been configured into the salary scale used to determine the employee’s basic salary paid on a fortnightly basis.

(5)Positions of Special Responsibility:

(a)The process for appointment to a Position of Special Responsibility and the criteria for each level will be in accordance with MurdochCollege policy.

(b)All Positions of Special Responsibility as identified in clause 4. – Definitions subclause (a) will be covered by this agreement.

(c)All teachers (full-time and part-time) who receive a POSR shall be paid the full allowance, regardless of their teaching load and FTE.

(6)Exemplary Teacher:

(a) The qualifying criteria and application process for Exemplary Teacher shall be determined by Murdoch Teaching staff and the Administration. The process will be completed during 2012 with sufficient time to allow teachers to apply in 2013.

(7)Part-time employees shall receive remuneration proportional to their workload that relates to full time equivalent.

(8)An employee who is required to perform the duties of a position at a classification level higher than his/her normal substantive level for a period of four (4) weeks or longer, shall temporarily be remunerated at a level of pay associated with the higher level of responsibility.

(9)The employee’s salary will be transferred electronically to the employee’s designated bank account every fortnight.

14. - SALARY PACKAGING

(1)The College will allow salary packaging, including laptops and superannuation, and other items as approved by the Murdoch College Board, by teaching staff on condition that participating employees:

(a)Meet the full cost of the services of an approved remuneration specialist and obtain independent financial advice on the implications of salary packaging for the employee;

(b)Agree that the employer is not liable for the effect of any change to taxation law rulings concerning salary packaging;

(c)Will reimburse the College for any Fringe Benefits Tax paid by the College on their behalf under the terms of this clause;

(2)For the purposes of this clause:

(a)‘Benefits’ means the benefits nominated and received by the teacher;

(b)‘Benefit Value’ means the amount specified by the College as the cost to the College of the benefit provided including Fringe Benefit Tax, if any; the College must advise the teacher in writing of the Benefit Value;

(d) The College may offer to provide and the teacher may agree in writing to accept a salary equal to the difference between the Benefit Value and the salary which would have applied to the teacher under subclause (2)(a) of this clause, had salary packaging not been accepted.

(3)Conditions of Employment:

(a)Except as provided by this clause, teachers must be employed at a salary based on a rate of pay, and on terms and conditions, not less than those prescribed by the Agreement;

(b)For all purposes of the Agreement, salary shall be deemed to include the value of any benefits provided under this clause.

(4)During the currency of an Agreement under this clause:

(a)Any teacher who takes paid leave on full pay shall receive the Benefits and salary referred to in paragraphs (a) and (d) of subclause (2) of this clause;

(b)If a teacher takes leave without pay the teacher will not be entitled to any Benefits during the period of leave;

(c)If a teacher takes paid leave on less than full pay he or she shall receive:

(i)the Benefits; and

(ii)any balance of salary as agreed between the School and the teacher.

(5)Computer:

(a)The employee can choose to participate in a program designed to enable him/her to acquire and be trained in the use of a Laptop (Notebook) computer, as designated by the employer, for work use. This program will result in the employee owning the computer after three (3) years.

(b)Should the employee choose to participate in the program, the employer agrees to provide a 50% subsidy of the monthly lease of the current standard specifications as agreed to by Murdoch College Management, to purchase plan.

(c)The employee may pay his/her component by means of salary sacrifice over the purchase plan period of three (3) years. (The total cost of the computer purchase to lease plan will include a finance charge directed to the employee).

(d)Any additional specifications outside of the standard agreed specifications, and the administration proportion of, is agreed to be paid by the employee.

15. - PROFESSIONAL RESPONSIBILITIES

(1)The parties recognise that there is a wide range of duties and responsibilities included in the profession of teaching.

(2)All teachers agree to abide by the policies, rules and regulations of MurdochCollege, as determined by the College Board and Administration.

(3)The parties recognise that the following principles apply in addressing the fair and reasonable participation of teachers:

(a)Much of the life and culture of the school is derived from College activities involving teachers and students conducted outside regular classroom contact;

(b)The efforts of teachers who contribute significantly to the life and values of the College should be recognised;

(c)Duty of care responsibilities must be considered in the planning of all activities conducted by the College;

(d)There will be collaborative planning between College and staff in the allocation of teachers to all activities conducted by the College;

(e)The competence, skills and qualifications of teachers, including part-time teachers, will be considered in the planning and allocating of activities conducted by the College, having regard for the teacher’s professional development and family responsibilities.

(4)The employer will nominate the dates of the academic calendar each year, using as a guideline the annual school calendar as outlined by the Department of Education and Training (WA). The employer will inform employees of the following year’s annual calendar dated by the end of July of the previous year.

(5)The parties recognise that, in order to prepare for the start of school, to provide for ongoing assistance to the students, and to enhance their own professional development, teaching staff regularly participate in days in addition to the four (4) terms that normally define the academic year.

It is expected that full-time staff members will participate in a maximum of six (6) such additional days, per year, involving non-teaching professional duties and/or activities. At the discretion of the College Management, and in consultation with staff, the six (6) days referred to in this clause, will involve:

(a)being present for at least three (3) days immediately prior to the commencement of the academic calendar year and regular classes, to:

Work with colleagues to prepare for the start of the school year, including policy consultation and development or review of curriculum, teaching materials and aids;
Assist in the orientation of new students;

(b)undertaking professional development or training;

(c)Participating, outside of regular school time, in important school functions that include:

College Open Days,
“Trading Places” Evening,
Parent / Teacher Interview events,
Annual Careers Carousel Evening,
College Graduation.

(d)At the discretion of the employer, some duties assigned under subclause (5) may be completed off the premises.

(6)At MurdochCollege a teaching position involves:

Classroom Teaching responsibilities;
DOTT Time– Duties Other than Teaching, including preparation and marking and other assigned professional duties;
Professional development or training;
Teacher Adviser responsibilities, including daily TAG and extended TAG sessions and regular contact of advisees’ parent/guardians;
Participation in staff meetings, House Staff meetings, learning area meetings and other appropriate school-based meetings;
assemblies and other school functions as determined by the College;
College functions requiring teacher participation outside of regular school time, as outlined above in subclause (5)(c);

Active involvement in, and support of, the College’s Co-Curricular Program. A full time member of staff is expected to contribute aminimum of two (2) hours per week over the school year;
Encouragement to contribute to and support the College Extra-Curricular Program outside regular school time.

(7)All members of staff are required to attend scheduled College staff and House staff meetings. The employer will endeavor to ensure that such meetings are organized with minimum inconvenience to both students and staff.